Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - Compromise underwent procedural delays due to various adjournments and subsequent loss of original compromise - However, fresh compromise application identical to original was submitted and verified by trial Court fulfilling all the requirements of O.23.R.3 CPC - Terms..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Application U.O.7.R.10 CPC at the instance of a defendant is maintainable - Contention repelled that it is the right of plaintiff only...........
Civil Procedure Code, 1908, Order 7, Rule 10, Guardians and Wards Act, 1890, Section 9 -- Custody of child - Application for guardianship of a minor is to be filed before Court where minor child resides - Court where petition filed not having jurisdiction - Petition returned to be filed before Court having appropriate jurisdiction...........
Civil Procedure Code, 1908, Order 16, Rule 10, 12 -- Summoning of witnesses - Non-appearance - Closure of evidence - Trial Court was obliged to take measures as mandated in O.16 CPC to procure the attendance of absent witnesses - Closure of evidence of petitioner set aside...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Plaint cannot be rejected on a plea of res judicata raised by defendants because adjudication of plea of res judicata requires consideration of pleadings, issues and the decision in the previous suit, which cannot be done in an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defence set-up by defendants or likely to be set-up by defendants in a suit, cannot be looked into at all for adjudicating an application U.O.7.R.11 CPC and only the averments in the plaint and the documents filed therewith have to be looked into...........
Indian Penal Code, 1860, Section 420, 120B, 34 -- Cheating - Quashing of FIR - Matter purely civil in nature - Case is of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of property, is not borne out from record - FIR itself do not disclose any cognizable..........
Indian Penal Code, 1860, Section 420, 120B, 34 -- Cheating - Quashing of FIR - Matter purely civil in nature - Case is of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of property, is not borne out from record - FIR itself do not disclose any cognizable..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14 -- Production of documents - Application for calling records from official respondents was rejected in 2022 and thereafter they approached respondents and got desired documents - However, same sought to be filed at the stage when final arguments are in progress before trial Court - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14 -- Production of documents - Application for calling records from official respondents was rejected in 2022 and thereafter they approached respondents and got desired documents - However, same sought to be filed at the stage when final arguments are in progress before trial Court - Application rightly dismissed...........
